A Wyoming judge blocked the state’s two abortion bans, ruling them unconstitutional. Teton County District Court Judge Melissa Owens concluded that abortion is health care, and the bans violate the state’s constitutional protection of health care autonomy. As a result, abortion remains legal in Wyoming.
The lawsuit, filed in March 2023 by an abortion clinic, support groups, medical professionals, and two women of childbearing age, challenged the bans. The laws, which aimed to restrict abortions and abortion drug marketing, had been temporarily blocked since the lawsuit was filed.
Owens ruled that Wyoming’s Constitution protects the right to make health care decisions, including abortion, rejecting the state’s argument that abortion is not health care. She found the state’s rationale failed to meet constitutional requirements.
The judge also disagreed with the state’s claim that abortion decisions impact more than just the woman. Applying strict scrutiny, Owens found that the bans failed to meet the state’s goals of protecting health and prenatal life, as no compelling evidence was provided.
Lastly, Owens determined the bans were unreasonable and unnecessary for public health. She declared them unconstitutional, leaving the state with options to appeal or draft new, constitutionally valid laws.